NEW YORK - A judge has temporarily blocked the state's congestion pricing surcharge on taxis and for-hire vehicles.

The new fee was set to take effect on January 1.

But taxi drivers sued, saying it's unfairly structured and discriminatory.

They also argue that taxis should be exempt from the law because they claim they are victims of the congestion problem, not the cause.

There will a hearing on January 3 to determine whether or not to continue the restraining order against the surcharge until a final decision is made.

The proposed fee is $2.75 for green cabs and other for hire vehicles, and $2.50 for yellow cabs.

It would be charged on all rides that go south of 96th Street in Manhattan.

Some of the money raised would go to the transit system

The City Law Department says it would not comment on the judge's ruling because it's more of a case for the state.

In a statement the Taxi Workers Alliance said it's relieved and encouraged by the judge's decision.